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Restoration of withdrawn divorce case
21-May-2025 (In Divorce Law)
Withdrew a divorce case under section 13, which was going on for 2 years, due to the party offering mutual consent. After that, party is refusing to appear or dragging the mutual consent case, though it was agreed that we'd advance the case. Party agreed to mutual consent after we got a deadline form high court to dispose the contested case.Are there citations for restoring the original divorce case in the family court?
hello, I can well understand your concern from the query raised, you can withdraw this mutual consent and file a fresh petition for contested divorce if you feel there can be no mutual resolution for divorce, thank you, you can contact me for further clarifications
Helpful?
S.Gunasekar advocate answer.
Yes, you can file an application for restoration of the original divorce case under Section 151 CPC (inherent powers of the court). Courts have allowed restoration when mutual consent was agreed fraudulently or not followed through. Key citations include:
Sureshta Devi v. Om Prakash (1991) 2 SCC 25 – Consent must be free and continuing till second motion.
Kirtikumar Jawaharlal Shah v. Pradipkumar Kantilal Shah (AIR 2003 Bom 49) – Contested case can be restored if mutual consent is not genuinely pursued.
Consult your lawyer to file a restoration citing abuse of process and fraud.
Helpful?
Adv. S Gunasekar
Chennai | 100+ Answers
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Yes, restoration of the original contested divorce case under Section 13 of the Hindu Marriage Act is possible under Order IX Rule 9 CPC, provided valid grounds exist for withdrawal and subsequent failure of the mutual consent agreement. Since the contested divorce was withdrawn based on a written or oral understanding that mutual consent would be filed and disposed quickly, and the other party is now deliberately delaying or refusing to appear, this constitutes abuse of process and fraud on the court.
You may file a restoration petition with an affidavit detailing the circumstances and include relevant High Court directions, if any. Several courts have allowed restoration in similar cases:
Amit Kumar v. Suman Beniwal, 2010 (2) RCR (Civil) 745 – withdrawal based on compromise where consent failed later.
Ravi Kumar v. Julmi Devi, 2017 SCC Online Del 12162 – contested petition restored due to breach of terms post-withdrawal.
We can assist in drafting the restoration petition, attaching necessary documents and citations to strengthen your case and ensure speedy relief through the family court.
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Adv. Arjun S
Chennai | 100+ Answers
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